1.

Member States shall ensure that the essential functions determining equitable and non-discriminatory access to infrastructure, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structures, this objective shall be shown to have been achieved. The essential functions shall be: decision-making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths; and decision-making on infrastructure charging, including determination and collection of the charges, without prejudice to Article 29(1). Member States may, however, assign to railway undertakings or any other body the responsibility for contributing to the development of the railway infrastructure, for example through investment, maintenance and funding.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-28 · Text as adopted (Official Journal); later amendments are not incorporated in this text.